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Summary of Question 4

The proposed law would require the state Department of Environmental Quality Engineering (DEQE) to search for sites in the Commonwealth where oil or hazardous materials have been disposed of and to take all steps necessary to clean up those sites within specified time limits, Provisions are made for informing the public about sites in their communitites.

Beginning on January 15,1987, DEQE would be required to publish lists every three months of all sites where it has confirmed that uncontrolled oil or hazardous materials have been disposed of and locations to be investigated as possible disposal sites, The lists would describe what actions have been taken at each site or location, DEQE would be required to list, to the extent is a disposal site, and whether it poses an imminent or substantial hazard to health, safety, public welfare or the environment.

For sites found to pose a substantial hazard, DEQE would be required, within the next two years, to ensure that those hazards are eliminated and to develop a plan to eliminate permanently future risks from those sites, Imminent hazards would have to be eliminated immediately, For sites found not to pose any substantial hazards DEQE must, within seven years after the listing, ensure that the full extent of contamination is evaluated and that a plan to eliminate permanently future risks is developed.

The proposed law would require DEQE to provide public notice and encourage public participation, Within 30 days after completing a site investigation, DEQE would have to inform the public through local newpapers of the results of that investigation and of the rights of local citizens under the state law, If ten citizens of a town potentially affected by a site submit a request, DEQE would be required to develop a plan for involving the public in its cleanup decisions and present that plan at a public meeting, The chief municipal officer of a citv or town in which a disposal site is located could appoint that it has identified, at least 400 possible disposal sites by January 15,1987, 600 additional locations by January 15,1988, and 1,000 additional locations in each subsequent year.

Within one year after a location is listed as a possible disposal site DEQE would be required to determine if further investigation is warranted If so, within two years after the listing, DEQE must confirm whether the location individual(s) to inspect the site on behalf of the community.

Massachusetts residents could bring lawsuits to enforce the provisions of the proposed law or to lessen a hazard related to oil or hazardous materials If such a lawsuit is brought, a court could award costs, including reasonable fees for attorneys and expert witnesses.

1986 - Franklin County - Question 4Do you approve of a law summarized below, which was approved by the House of Representatives on May 5, 1986, by a vote of 145 - 0, and on which no vote was taken by the Senate Before May 7, 1986?

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Franklin County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
14,144
5,751
1,847 21,742
Ashfield
 
393
165
40
598
Bernardston
 
390
201
57
648
Buckland
 
401
180
47
628
Charlemont
 
234
93
32
359
Colrain
 
304
153
38
495
Conway
 
366
133
37
536
Deerfield
 
1,048
438
101
1,587
Erving
 
344
119
40
503
Gill
 
336
125
26
487
Greenfield
 
3,549
1,520
559
5,628
Hawley
 
60
39
14
113
Heath
 
129
61
11
201
Leverett
 
453
159
35
647
Leyden
 
145
59
15
219
Monroe
 
38
13
3
54
Montague
 
1,706
663
281
2,650
New Salem
 
200
75
19
294
Northfield
 
618
274
80
972
Orange
 
1,303
447
197
1,947
Rowe
 
90
55
12
157
Shelburne
 
420
186
43
649
Shutesbury
 
332
115
34
481
Sunderland
 
557
230
49
836
Warwick
 
141
47
30
218
Wendell
 
196
43
9
248
Whately
 
391
158
38
587
County Totals
14,144
5,751
1,847 21,742